Back
2005 Supreme(Guj) 650
Gujarat High Court
Judgename :M.R.Shah
GUJARAT PIPAVAV PORT LTD - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION 16188 of 2005
Decided On : 09/23/2005
Headnote:Point in Issue :
Land - Acquired under Ceiling Lands - Allotment - Claim by petitioner Company - Scope of.
Head Note :
Constitution of India, 1950 - Articles 226, 341 and 342 - Gujarat Maritime Board Act, 1981, Sections 32 - Gujarat Agricultural Lands Ceiling Act, 1960 - Sections 21, 26, 29 and 29(1) - Bombay Land Revenue Code, 1879 - Chapter XIII - Land acquired under ceiling Laws - Allotment - Claim by petitioner Company - Scope of - The land acquired as surplus agricultural land under the Act 1960 is required to be allotted in priority as mentioned in the provisions of the Act only - Therefore, the contention of the petitioner that the land in question should be allotted the petitioner company cannot be accepted as the said relief if granted would be against the mandate of the legislature - The mamlatdar has, therefore, rightly invited applications by virtue of public notice from the eligible persons as per priority mentioned in the said public notice - It could also be noted that under the provisions of Act, 1960 land is required to be allotted upto a maximum limit as per provisions of the Act - The petitioner company is already having more than 374 Hectors of land which is obviously more than ceiling limit under the Ceiling Act and, therefore, also the prayer of the petitioner Company to allot the land in question cannot be accepted.
Held :
The land which is acquired as surplus agricultural land under the aforesaid act is required to be allotted in priority as mentioned in Section 29 of the Act only. If Court consider the provisions of Section 29 of the Act, it is mandate of the legislature to allot the said land only in the order of priority as mentioned in Section 29 of the Act. It is also stated in Section 29 of the Act that the land other than grazing land which vests in the State Government under Section 21 or 26, the land shall be allotted in accordance with the Rules on the payment of occupancy price payable there for approval of such rules in order of priority as mentioned in Section 29. Therefore, the contention of the petitioner that the land in question should be allotted to the petitioner Company cannot be accepted as the said relief, if granted, would be against the mandate of the legislature as envisaged under Section 29 of the Act. By virtue of public notice dated 25.07.2005, the Mamlatdar, Rajula has invited applications from the eligible persons i.e. as per priority mentioned in the said public notice which is as per the priority mentioned in Section-29 i.e. co-operative farming society, landless persons and agricultural labourers etc. It is also required to be noted that under Section 29 of the Act, even the land is required to be allotted upto a maximum limit as per Gujarat Agricultural Lands Ceiling Act, 1960. The petitioner Company is already having more than 374 Hectors of lands, which is obviously more than a ceiling limit under the Gujarat Agricultural Lands Ceiling Act and, therefore, also, the prayer of the petitioner Company to allot the land in question cannot be accepted as the same will be contrary to the provisions of Section 29 of the Act. [Para 9]
Law Laid Down :
The land acquired as surplus land under the Ceiling Act of 1960 can be allotted in priority as mentioned in the Act only.
Conclusion :
The land which came to be acquired by State Government as surplus lands under the provisions of Gujarat Agricultural Lands Ceiling Act, 1960 can be allotted in accordance with priority indicated in the Act only and petitioner company does not stand covered there under, therefore, cannot claim for allotment of land in question.
Decided in Favour of :
Respondent
Application Dismissed
( 2 ) IT is the contention on behalf of the petitioner that the Gujarat Maritime Board was constituted by the Government of Gujarat under the provisions of the Gujarat Maritime Board Act, 1981 and the said Board has been vested with the power to develop, manage, administer and control intermediate and minor ports in the State of Gujarat. It is also further averred in the petition that somewhere in the year, 1985 the Gujarat Maritime Board decided to develop an intermediate port at Pipavav and therefore, sent a proposal to the State Government for acquiring private lands and allot Government waste land for development of Pipavav port in village Rampara-II, Taluka Rajula of District Amreli and in turn, the Government of Gujarat after considering the said proposal acquired the said land and allotted 362 Hectares of land to the Gujarat Maritime Board for the purpose of development of Pipavav port and for the development of project Pipavav port, the Gujarat Maritime Board entered into memorandum of understanding on 7. 2. 1992 which was converted into an agreement on 23. 6. 1992, and the petitioner company was incorporated as joint sector company. It is the case on behalf of the petitioner that in all 423 Hectors of land came to be alloted to the petitioner under possession agreement dated 12. 8. 1992 for the purpose of providing various services enumerated under Section 32 of the Gujarat Maritime Board Act. It is the case on behalf of the petitioner that initially Gujarat Maritime Board had sent proposal of acquiring 374 Hectors of land, however, the Government of Gujarat had alloted 362 Hectors of land out of the said 374 hectors of land leaving 12 Hectors (30 Acres) of land right in the centre of the entire plot land in view of on-going dispute between the original allottee and the Government. It is the contention of the petitioner that the said plot of land admeasuring 30-Acres comprising of Survey No. 109 is critical for the entire project and Gujarat Maritime Board and the petitioner are requesting the State Government to allot the said land.
( 3 ) IT is the contention on behalf of the petitioner that the said 30-Acres of land comprising of Survey No. 109 was originally alloted to one Valabhai Jivabhai and his two sons namely Mayabhai Valabhai Khasia and Khodabhai Valabhai Khasia on 15. 3. 1982 by fixing price to be paid in five installments and the said land was ultimately cancelled for want of payment of price by order of the Collector dated 3. 1. 1985. On 8. 1. 1985, the land was advertised for allotment which did not fructify in allotment and therefore, another public notice for allotment was made on 1st July, 1990. In the meanwhile, surrounding land was acquired by the State Government as stated hereinabove and the land was alloted to the Gujarat Maritime Board for the purpose of developing the Pipavav port petitioner company. It is the contention of the petitioner that though the proposal for acquiring the said land was made way back in 1985, the Gujarat Maritime Board and the petitioner company made several representations to the Collector, Amreli and the State Government for allotment of said 30-Acres of land, more particularly, since the said land was declared as surplus land and was not alloted to any third party. It is the contention on behal
